MODELLING SERVICES AGREEMENT
This MODELLING SERVICES AGREEMENT (“Agreement”) is made and entered into as of
[insert date], by and between [insert the name of the photographer/Photographer]. (the
“Photographer”), whose principal place of business for the purposes of this agreement shall be
at [insert photographer’s address], and [insert your name] (“Model”), an individual whose
principal place of business is located at [insert your address].
RECITALS
WHEREAS, Model has been working as a model since [insert year you started modeling] and
has participated in modeling for companies such as [insert companies or products you have
modelled for] and therefore possesses knowledge and experience in Modelling; and
WHEREAS, the Photographer desires to engage the services of Model on a short-term basis.
AGREEMENT
NOW, THEREFORE, for and in consideration of the premises and the mutual promises,
covenants and agreements hereinafter set forth, Photographer and Model agree as follows:
1. ENGAGEMENT; SERVICES
Photographer hereby engages Model to provide during the Term (as defined in Section 2,
below) the services set forth herein below: (collectively, the “Services”).
The Model is required to do and complete the following:
a. [insert a description of the services that you are required is supposed to provide]
During the Term, Model agrees to devote such efforts and time as is reasonably required to
fulfill Model’s duties in connection with the Services, to provide the same in a diligent and
conscientious manner and to the best of Contractor’s ability, in accordance with applicable law,
and the terms and conditions provided in this Agreement.
2. Term and Termination.
a. Term. The term of this Agreement shall be from [insert date] through [insert date]
(the “Term”), unless earlier terminated as provided herein, or unless extended by
mutual agreement expressed in writing signed by both parties prior to the
expiration of the Term.
b. Termination. Notwithstanding anything in this Agreement to the contrary:
i. The Term may be terminated by either party at any time without advance
notice, upon a material breach by the other party of any of its or his
obligations hereunder; and
ii. The Term may be terminated without cause by either party upon three
(3) days written notice to the other.
3. Fees and Expenses; Services.
a. Fees. During the Term, the Photographer shall pay Model as follows:
i. For services performed during the Term, the Photographer will pay Model
as follows:
i. For ADULT CONTENT: Hourly: $125/hr
Book by Time: $480/4 hrs, $900/8 hrs
ii. For SFW CONTENT: Hourly: $100/hr
ii. In the event Photographer requests, and Model performs services for
Photographer during the Term, in excess of the [insert period]
Photographer will pay $[insert amount] per hour for each such excess
hour of service performed.
4. Additional Requirements for Services to Be Performed.
a. Best Efforts. Model agrees to use her best efforts in providing services under the
terms of this Agreement.
b. No Subcontracting. Model is being engaged to perform personal services within
his asserted areas of professional expertise, and shall not delegate or
subcontract any portion of the services to be performed hereunder.
5. Model Relationship.
a. No Employment Relationship. The Photographer and Model each expressly
agree and understand that they are creating a Independent Contractor
relationship, and that Model shall not be considered an employee of the
Photographer for any purpose. Model understands and agrees that she is solely
responsible for all income and/or other tax obligations, if any, including but not
limited to all reporting and payment obligations, if any, which may arise as a
consequence of any payment under this Agreement. Model agrees to indemnify
the Photographer for any claims or obligations asserted to the contrary by Model.
b. Nonexclusivity of Services Other Than to Competitors. This Agreement shall not
restrict Model from performing services for other clients or businesses; provided,
however, that during the Term of this Agreement, Model shall not apply, bid, or
contract for; or undertake any employment, Model work, or consulting work with,
any competitor of Photographer.
6. Conflicts of Interest and Ethical Conduct.
a. Performance of Services for Competitors. Model will notify the Photographer
immediately if, during the Term, she engages, or proposes to engage, in the
performance of services for any competitor of Photographer, or any vendor to or
customer of the Photographer.
b. Compliance with Applicable Laws. Model, in his performance under this
Agreement, shall comply with all applicable federal, state, and local laws and
regulations.
7. Confidentiality and Non-Disclosure.
a. Confidentiality Obligation. Each party agrees during the Term of this Agreement
and thereafter to hold in confidence and not to directly or indirectly reveal, report,
publish, disclose or transfer any of the Confidential Information belonging to the
other party to any other person or entity, or utilize any of the Confidential
Information for any purpose, except in the course of services performed under
this Agreement or with the express written consent of the other party.
b. Injunctive Relief in Event of Breach. Because of the unique nature of the
Confidential Information, the undersigned understands and agrees that
Photographer and Model will suffer irreparable harm in the event that either party
fails to comply with any of their obligations under this Section 7, and that
monetary damages will be inadequate to compensate such party for such
breach. Accordingly, the parties agree that each party will, in addition to any
other remedies available to it at law or in equity, be entitled to injunctive relief to
enforce the terms of this Section 7.
8. Representations and Warranties. Model and Photographer hereby represent and
warrant that, as of the date hereof and continuing throughout the term of this Agreement,
they are not and will not be in any way restricted or prohibited, contractually or
otherwise, from entering into this Agreement or performing the services contemplated
hereunder.
9. Miscellaneous.
a. Entire Agreement. This Agreement contains the entire agreement of the parties
with respect to the subject matter hereof and supersedes and replaces any oral
or written agreements heretofore entered into between the parties. This
Agreement cannot be modified, or any performance or condition waived, in whole
or in part, except by a writing signed by the party against whom enforcement of
the modification or waiver is sought. The waiver of any breach of any term or
condition of this Agreement shall not be deemed to constitute the waiver of any
other breach of the same or any other term or condition.
b. Interpretation, Severability and Reformation. Whenever possible, each provision
of this Agreement shall be interpreted in such a manner as to be valid and
effective under applicable law. If any provision of this Agreement shall be
unlawful, void or for any reason unenforceable, it shall be deemed separable
from, and shall in no way affect the validity or enforceability of, the remaining
provisions of this Agreement, and the rights and obligations of the parties shall
be enforced to the fullest extent possible.
c. Survival. To the extent consistent with this Agreement, all representations,
warranties and post-termination obligations contained in this Agreement shall
survive the expiration of the Term, or the termination, of this Agreement.
d. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
Photographer and to any of its successors. This Agreement is not assignable by
Model, but shall be binding upon and, to the extent provided for in this
Agreement, inure to the benefit of Model’s heirs, executors, administrators and
legal representatives.
e. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same instrument.
f. Governing Law. The validity and effect of this Agreement shall be governed by
and construed and enforced in accordance with the laws of the State of South
Carolina without reference to conflicts of laws principles.
IN WITNESS WHEREOF, the parties hereto have executed this Model Agreement as of the
date first above written.
PHOTOGRAPHER:
By
:
/s/
[insert photographer’s name]
MODEL: /s/
[insert your name]
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )